Babbitt

Appellant Manuel Pina Babbitt appeals the district court’s order granting the state’s motion for summary dismissal of Babbitt’s peti *1173 tion for writ of habeas corpus. The district court had jurisdiction under 28 U.S.C. § 2254 . This court has .jurisdiction under 28 U.S.C. §§ 2253 and 2254, and we affirm.

I

Appellant Manuel Pina Babbitt was found guilty of the first degree murder of Leah Schendel after she died of heart failure during his burglary, robbery, and attempted rape. He was also convicted of the robbery and attempted rape of Mavis Wilson.

During his trial, Babbitt relied on a mental-state defense, presented through the testimony of family members and medical experts. Babbitt’s brother William testified about Babbitt’s deteriorating mental condition after his military service in Vietnam. Babbitt’s common-law wife Theresa also testified about his often strange behavior. Dr. Joan Blunt, a licensed clinical psychologist, testified that Babbitt had mild brain damage and was unable to harbor malice aforethought or form the intent to steal or commit rape. Dr. Blunt based her conclusions in part on a diagnosis of Post Traumatic Stress Disorder (PTSD) stemming from…